Terms And Conditions
Effective Date: June 2, 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER. BY ACCESSING OUR WEBSITE OR COMPLETING A PURCHASE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SITE OR PLACE AN ORDER.
1. ACCEPTANCE OF TERMS
These Terms and Conditions of Sale ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Zirca Luxe Jewels LLC, doing business as Zirca Luxe ("Company," "we," "us," or "our"), governing your access to and use of our online store and all purchases made through it, whether online or at in-person events.
By (a) accessing or browsing our Site; (b) creating an account; (c) adding items to your cart; (d) completing a purchase online; or (e) making a purchase at an in-person vendor show, pop-up, exhibition, or community event, you represent that you are at least eighteen (18) years of age, have read and understood these Terms, and agree to be bound by them.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Your continued use of our Site or continued purchases after posting constitutes acceptance of the modified Terms.
2. PRODUCTS AND DESCRIPTIONS
2.1 Product Accuracy
Zirca Luxe sells cubic zirconia ("CZ") jewelry, Kundan-style jewelry, moissanite and sterling silver jewelry. We make every effort to accurately represent our products. However:
• Colors displayed on screen may vary from the actual product due to monitor calibration and lighting differences.
• Measurements are approximate. Minor variations in dimensions, weight, and finish are inherent in handcrafted and artisan jewelry.
• We reserve the right to discontinue, modify, or substitute any product at any time without prior notice.
• We do not guarantee continuous availability of any product, collection, color, size, or design. Inventory availability is subject to change without notice.
• Product photographs are intended for illustrative purposes only. Variations in color, tone, stone appearance, finish, and brightness may occur due to photography, lighting conditions, screen settings, and manufacturing variations and shall not constitute defects.
2.2 Gemstone Disclosures
CUBIC ZIRCONIA (CZ): Products described as containing "CZ" feature lab-created synthetic gemstones that simulate the appearance of diamonds or other precious stones. CZ is NOT a diamond, natural gemstone, or precious stone.
MOISSANITE: Products containing "moissanite" feature lab-created silicon carbide gemstones. Moissanite is NOT a diamond. While moissanite has diamond-like optical properties, it is a distinct gemstone.
KUNDAN-STYLE JEWELRY: Products described as "Kundan" or "Kundan-style" are inspired by traditional Indian jewelry-making techniques. Unless explicitly stated, stones in Kundan-style pieces may be synthetic, glass, or CZ simulants.
METAL CONTENT: Material composition varies by product and supplier. Unless explicitly stated in the product listing, jewelry may contain brass, alloy metals, sterling silver, gold-plated metals, rhodium-plated metals, silver-plated metals, gold-filled components, or other decorative finishes.
STERLING SILVER: Products described as "Sterling Silver," "925 Silver," or "925 Sterling Silver" are manufactured primarily from an alloy containing approximately 92.5% silver and 7.5% other metals. Sterling silver may naturally oxidize, tarnish, darken, or discolor over time due to exposure to air, moisture, body chemistry, sulfur compounds, cosmetics, lotions, perfumes, household chemicals, and environmental conditions. Tarnishing is a natural characteristic of sterling silver and does not constitute a defect, manufacturing flaw, or warranty claim. Regular cleaning and proper storage are recommended to maintain appearance.
Product photographs may appear larger than actual size for detail purposes. Customers should review measurements provided in the product listing before purchase.
PLATED AND FINISHED JEWELRY: Many Zirca Luxe products feature gold plating, rhodium plating, silver plating, antique finishes, enamel coatings, lacquers, or other decorative surface treatments applied over brass, alloy, sterling silver, or other base metals. These finishes are cosmetic in nature and are subject to normal wear over time.
The lifespan of any plating or finish depends on numerous factors, including frequency of wear, skin chemistry, perspiration, environmental conditions, exposure to water, perfumes, cosmetics, lotions, cleaning products, and storage practices.
Gradual fading, discoloration, oxidation, plating wear, surface scratches, finish deterioration, or exposure of the underlying metal are considered normal wear and tear and do not constitute manufacturing defects, product failure, or warranty claims.
2.3 No Appraisal Value
Our products are sold as fashion jewelry and accessories. No product sold by Zirca Luxe should be construed as investment-grade jewelry. We do not provide appraisals, and no product description constitutes a representation of appraised value.
3. CHILD SAFETY WARNINGS
WARNING: KEEP OUT OF REACH OF YOUNG CHILDREN. PRODUCTS ARE NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. KEEP ALL JEWELRY OUT OF REACH OF CHILDREN UNDER 3 YEARS OF AGE.
Zirca Luxe jewelry products are decorative fashion accessories and are not intended for young children. They are NOT toys. By purchasing from Zirca Luxe, you acknowledge and agree to the following:
• CHOKING HAZARD: Zirca Luxe jewelry contains small parts, stones, clasps, and decorative elements that may become detached with use. Small parts can cause choking or serious injury if swallowed by young children.
• STRANGULATION HAZARD: Necklaces, chains, and any jewelry with cords or loops pose a strangulation risk. Never allow infants, toddlers, or young children to wear, handle, or play with necklaces, chains, or similar items.
• SMALL PARTS: Earring backs, clasps, charms, and decorative stones may detach and present a choking or aspiration hazard to small children.
• NOT INTENDED FOR CHILDREN: Our products are not designed, tested, or approved for use by or on children under the age of 13. Do not purchase Zirca Luxe jewelry as a toy or for unsupervised use by a minor.
• SUPERVISED USE: If a minor wears Zirca Luxe jewelry, adult supervision is required at all times. Zirca Luxe strongly discourages the use of our products by children under the age of 13.
Zirca Luxe is not liable for any injury, harm, or death resulting from failure to observe these child safety warnings. Customer assumes all risk associated with allowing children to access Zirca Luxe products.
4. ALLERGY AND SKIN SENSITIVITY DISCLAIMER
IMPORTANT: READ BEFORE WEARING. IF YOU HAVE KNOWN METAL ALLERGIES OR SENSITIVITIES, CONSULT YOUR PHYSICIAN BEFORE USE.
Zirca Luxe sells fashion jewelry that may contain metal alloys. Individual reactions to jewelry metals vary widely and cannot be predicted. By purchasing and wearing Zirca Luxe jewelry, you acknowledge and agree to the following:
• NICKEL, LEAD, AND CADMIUM: Certain Zirca Luxe products may be represented by their manufacturers or suppliers as nickel-free, lead-free, and cadmium-free, and such information will be disclosed in applicable product listings where available. Material compositions vary by product and supplier. Zirca Luxe does not independently test every product batch and makes no guarantee regarding the complete absence of trace metals or allergens. Individual sensitivities vary, and Zirca Luxe makes no guarantee that any product will be suitable for every individual or free from causing an allergic or adverse reaction in any specific person.
• INDIVIDUAL SENSITIVITY: Skin reactions including redness, itching, rash, swelling, or irritation may occur in individuals with metal sensitivities, even with metals generally considered hypoallergenic. Reactions may also be caused or worsened by sweat, moisture, perfumes, lotions, or prolonged wear.
• STOP USE IMMEDIATELY: If you experience any skin irritation, redness, rash, swelling, burning, or discomfort while wearing Zirca Luxe jewelry, remove the item immediately and discontinue use.
• SEEK MEDICAL ATTENTION: If irritation persists, worsens, or is accompanied by other symptoms, seek prompt medical attention. Do not wear the jewelry again until you have consulted a healthcare professional.
• NO RESPONSIBILITY FOR MEDICAL COSTS: Zirca Luxe is not responsible for any medical costs, treatment expenses, physician fees, or other costs incurred as a result of an allergic or adverse skin reaction to our jewelry.
• PRIOR CONSULTATION: Customers with known metal allergies, sensitive skin, or prior reactions to jewelry are strongly encouraged to consult a dermatologist or physician before purchasing or wearing Zirca Luxe products.
By completing a purchase, you represent that you have read this disclaimer, understand the risks, and assume full responsibility for any adverse reactions that may occur.
5. JEWELRY USE WARNINGS
To reduce the risk of injury, product damage, or loss, Zirca Luxe strongly recommends removing all jewelry before engaging in the following activities:
• Swimming or any water activities (pools, oceans, hot tubs, or lakes).
• Bathing, showering, or washing hands.
• Sleeping or resting.
• Exercising, working out, or participating in sports.
• Contact sports or any high-impact physical activity.
• Operating machinery, power tools, or heavy equipment.
• Any activity involving harsh chemicals, cleaning agents, or abrasive materials.
Failure to follow these recommendations may result in product damage, tarnishing, deformation, loss of stones, or personal injury including lacerations, snagging, entanglement, or strangulation from chains or cords. Zirca Luxe shall not be liable for any injury, loss, or damage to the product resulting from failure to observe these use warnings.
6. PRICING AND PAYMENT
All prices are in United States Dollars (USD) and are subject to change without notice. The price displayed at checkout is the price you will be charged.
• Sales Tax: Applicable state and local sales taxes are collected based on shipping destination and will be displayed at checkout.
• Payment Methods: We accept all major credit and debit cards, PayPal, and other payment methods displayed at checkout.
• Payment Security: Transactions are processed by our third-party payment processor. Zirca Luxe does not store complete credit card numbers.
• Declined Payments: If payment is declined, your order will not be processed.
• Price Errors: In the event of a pricing error, we reserve the right to cancel any order placed at the incorrect price, even after confirmation, and will issue a full refund.
7. ORDER ACCEPTANCE AND CANCELLATION
Receipt of an order confirmation email does not constitute final acceptance. Zirca Luxe reserves the right to refuse or cancel any order at our sole discretion, including if: the product is out of stock; payment cannot be verified; fraudulent activity is suspected; a pricing error occurred; or quantity limits are exceeded.
If we cancel your order after payment, we will issue a full refund within five (5) to ten (10) business days.
7.1 Customer Order Cancellations
You may cancel an order without penalty within two (2) hours of placement by contacting us at zircaluxe@gmail.com or (978) 201-1346, provided the order has not yet been packed or shipped. Once packed or shipped, the order cannot be cancelled; any exchange, store credit, refund, or other post-delivery remedy shall be governed exclusively by the Zirca Luxe Return & Exchange Policy.
8. SHIPPING AND DELIVERY
8.1 Geographic Scope
Zirca Luxe currently ships ONLY within the continental United States, Alaska, and Hawaii. We do NOT ship internationally or to U.S. territories (e.g., Puerto Rico, Guam, U.S. Virgin Islands) unless explicitly stated. Orders with non-U.S. shipping addresses will be cancelled and refunded.
8.2 Shipping Methods and Timeframes
Estimated delivery timeframes are provided by our carriers and are estimates only, not guarantees. Zirca Luxe is not liable for delays caused by carrier issues, incorrect addresses, weather, national holidays, or other circumstances outside our control.
8.3 Shipping Address Accuracy
You are solely responsible for providing a complete and accurate shipping address. Zirca Luxe is not responsible for orders shipped to an incorrect address you provided. If a package is returned due to an incorrect address, re-shipping fees are your responsibility.
8.4 Risk of Loss
Risk of loss transfers upon confirmed delivery by the carrier to the shipping address provided by the customer. Once a tracking number is assigned, Zirca Luxe's responsibility is limited to the warranty provisions in Section 12 and assistance with carrier claims.
8.5 Lost or Stolen Packages
Zirca Luxe is not responsible for packages reported as "delivered" by the carrier but not received. We recommend checking with neighbors and building management, contacting the carrier directly, and filing a carrier or insurance claim. We may, at our discretion, assist with carrier claims but are not obligated to do so.
8.6 California Shipping
We ship to all addresses within California. California sales tax is collected and remitted per CDTFA requirements. California-specific consumer protections apply where mandated by law.
9. RETURNS AND REFUNDS
• Returns, exchanges, store credit, and refund requests are governed exclusively by Zirca Luxe's Return & Exchange Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Return & Exchange Policy, the Return & Exchange Policy shall control with respect to returns, exchanges, store credit, and refunds.
• Customers are encouraged to review the Return & Exchange Policy prior to purchase.
10. IN-PERSON VENDOR AND EVENT SALES
Zirca Luxe participates in vendor shows, pop-up markets, community events, exhibitions, craft fairs, and similar in-person sales events (collectively, "Events"). Purchases made at Events are governed by the Zirca Luxe Return & Exchange Policy, including any provisions applicable specifically to in-person event sales.
11. PROMOTIONS, GIVEAWAYS, AND SOCIAL MEDIA CONTESTS
11.1 General Promotions and Discount Codes
Zirca Luxe may, from time to time, offer promotional discounts, coupon codes, seasonal sales, and limited-time offers. All promotions are subject to the following:
• Promotions may be modified, suspended, cancelled, or terminated at any time, at Zirca Luxe's sole discretion, with or without prior notice.
• Discount codes are non-transferable, have no cash value, and may not be combined with other offers unless expressly stated.
• We reserve the right to limit quantities, correct errors, and refuse or cancel orders that we believe are fraudulently using promotional codes.
• Promotions apply only to eligible items as specified. Earrings, final-sale items, and clearance products may be excluded.
11.2 Giveaways and Contests
Zirca Luxe may conduct giveaways, contests, and sweepstakes via Instagram, Facebook, or other social media platforms. ALL such promotions are subject to the following terms:
• NOT SPONSORED OR AFFILIATED WITH SOCIAL MEDIA PLATFORMS: Zirca Luxe giveaways and contests are NOT sponsored, administered, endorsed, or associated with Instagram, Facebook (Meta), or any other social media platform. Any questions must be directed to Zirca Luxe, not to the platform.
• ELIGIBILITY: Giveaways are open to legal U.S. residents who are eighteen (18) years of age or older at the time of entry. Void where prohibited by law.
• MODIFICATION OR TERMINATION: Zirca Luxe reserves the right to modify, suspend, postpone, or cancel any giveaway or contest at any time and for any reason without liability.
• WINNER SELECTION: Winners are selected at Zirca Luxe's sole discretion per the applicable contest rules. Winner decisions are final and binding.
• PRIZES: Prizes are non-transferable and have no cash equivalent. Zirca Luxe is not responsible for prize items lost or damaged in transit. Unclaimed prizes may be forfeited.
• TAXES: Winners are solely responsible for any applicable taxes on prizes received.
• RELEASE: By entering any Zirca Luxe giveaway or contest, participants agree to release and hold harmless Zirca Luxe, its officers, employees, and agents from any and all liability related to the promotion.
12. LIMITED WARRANTY
12.1 Warranty Coverage
Zirca Luxe warrants to the original purchaser only that products will arrive free from damage caused during shipping or manufacturing defects that render the product unwearable, subject to the notification and documentation requirements set forth in Zirca Luxe's Return & Exchange Policy. THIS IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY ZIRCA LUXE.
12.2 Warranty Limitations
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIRCA LUXE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT DURABILITY, COLOR RETENTION, LONGEVITY OF PLATED METALS OR SYNTHETIC GEMSTONES, OR RESISTANCE TO TARNISHING OF STERLING SILVER UNDER CONDITIONS OF NORMAL USE.
12.3 Jewelry Care
To maximize the longevity of your Zirca Luxe jewelry: store pieces in a dry, cool location away from direct sunlight; remove jewelry before swimming, bathing, or exercising; apply perfumes, lotions, and hairsprays before putting on jewelry; clean gently with a soft, dry cloth. Failure to follow care guidelines will not give rise to any warranty claim.
STERLING SILVER CARE: Sterling silver jewelry should be stored in a dry, airtight environment when not in use. Tarnish may be removed using a silver polishing cloth or appropriate silver-cleaning products. Natural oxidation, tarnishing, and surface discoloration are normal characteristics of sterling silver and are not covered under Zirca Luxe's warranty or return policies.
PLATING AND FINISH CARE: To maximize the lifespan of plated and finished jewelry, customers should avoid exposure to water, humidity, perspiration, perfumes, lotions, hairsprays, cosmetics, cleaning chemicals, and abrasive surfaces. Plated jewelry should be removed before bathing, swimming, exercising, sleeping, or engaging in activities that may cause friction.
Because plating and surface finishes naturally wear with use, Zirca Luxe does not guarantee permanent color retention, finish longevity, resistance to tarnishing, or continued appearance of plated surfaces.
13. INTELLECTUAL PROPERTY
All content on our Site and marketing materials, including text, graphics, logos, product photographs, descriptions, and software, is the property of Zirca Luxe or its content suppliers and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any Site content without our prior written consent.
You are granted a limited, non-exclusive, non-transferable, revocable license to access our Site for personal, non-commercial purposes only.
14. PROHIBITED USES
You agree not to use our Site or services for:
• Fraudulent transactions or use of stolen payment information.
• Unauthorized access to our systems or customer data.
• Scraping, crawling, or data harvesting without authorization.
• Transmission of spam, malware, or harmful code.
• Misrepresentation of identity or affiliation.
• Posting false reviews or review manipulation.
• Unauthorized resale of Zirca Luxe products.
• Any other unlawful purpose or violation of applicable law.
15. DISCLAIMERS
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIRCA LUXE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIRCA LUXE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Zirca Luxe Jewels LLC d/b/a Zirca Luxe, its officers, directors, employees, agents, licensors, and service providers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site; (b) your breach of these Terms; (c) your violation of any applicable law; (d) content you submit to the Site; or (e) your violation of any third party's rights.
18. GOVERNING LAW AND VENUE
These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. To the extent court proceedings are permitted under Section 20, you consent to exclusive jurisdiction and venue in the state and federal courts of Middlesex County, Massachusetts.
Notwithstanding the foregoing, California residents retain all rights afforded by California law, including rights under the California Consumer Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq.) and the California Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.), which rights cannot be waived by contract.
19. CHARGEBACKS AND PAYMENT DISPUTES
Before initiating any chargeback, payment dispute, or credit card reversal with your bank or payment provider, customers are encouraged to contact Zirca Luxe directly at zircaluxe@gmail.com and provide a reasonable opportunity — not less than five (5) business days — to resolve your concern. This requirement applies to all disputes related to orders, products, shipping, or billing.
Zirca Luxe reserves the right to dispute any chargeback that is filed without prior contact or that Zirca Luxe reasonably believes to be fraudulent, erroneous, or not filed in good faith. In disputing a chargeback, Zirca Luxe may submit to the applicable financial institution or payment processor any and all of the following: order records, email and communication logs, delivery confirmation, carrier tracking records, photographs, product descriptions, these Terms, and any other evidence supporting the validity of the transaction.
Customers who initiate chargebacks that are subsequently found by the financial institution to be invalid, fraudulent, or not justified may be permanently banned from placing future orders with Zirca Luxe. Zirca Luxe reserves all legal remedies available to recover losses caused by fraudulent chargebacks, including but not limited to claims for recovery of the disputed amount, associated fees, and attorneys' fees where permitted by law.
20. DISPUTE RESOLUTION AND BINDING ARBITRATION
20.1 Informal Resolution — Required First Step
Before initiating any formal dispute proceeding, you agree to contact Zirca Luxe at zircaluxe@gmail.com and provide written notice describing the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) calendar days of receipt. If not resolved within thirty (30) days, either party may proceed to formal dispute resolution as described below.
20.2 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A WAIVER OF YOUR RIGHT TO A JURY TRIAL.
If informal resolution fails, any dispute arising out of or relating to these Terms, your use of our services, or any products purchased from Zirca Luxe shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org.
• Seat of Arbitration: Middlesex County, Massachusetts, unless both parties agree otherwise. Participation via telephone or video conference is permitted.
• Arbitrator Authority: The arbitrator shall resolve all disputes relating to the interpretation, applicability, and enforceability of this arbitration agreement, except that a court of competent jurisdiction shall rule on threshold questions of whether a valid arbitration agreement exists.
• Arbitration Fees: For claims under $10,000, Zirca Luxe will pay all AAA fees unless the arbitrator finds the claim frivolous. For claims $10,000-$75,000, fees are shared equally unless the arbitrator awards in the claimant's favor. Each party bears its own attorneys' fees except as required by applicable law.
• Judgment: The arbitrator's award is final and binding, and judgment may be entered in any court of competent jurisdiction.
20.3 Small Claims Court Exception
Either party may bring an individual claim in a small claims court of competent jurisdiction, provided the claim remains within that court's jurisdictional limits and is pursued on an individual basis only. Zirca Luxe will not compel arbitration of claims properly brought in small claims court.
20.4 CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZIRCA LUXE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED FROM ARBITRATION AND BROUGHT IN COURT, WHILE ALL REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.
20.5 Waiver of Jury Trial
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ZIRCA LUXE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. FORCE MAJEURE
Zirca Luxe shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, pandemics, government actions, strikes, supply chain disruptions, war or terrorism, power outages, internet disruptions, or carrier failures. We will notify you promptly and use commercially reasonable efforts to fulfill your order.
22. ELECTRONIC COMMUNICATIONS
By using our Site, you consent to receiving electronic communications from Zirca Luxe, including order confirmations, shipping notifications, and responses to inquiries. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.
23. CUSTOMER REVIEWS AND USER-GENERATED CONTENT
By submitting a review, comment, or other content to our Site or social media pages, you grant Zirca Luxe Jewels LLC d/b/a Zirca Luxe a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, and distribute such content in any media for any lawful purpose, including marketing and promotion. You represent that the content is truthful, based on genuine experience, and does not infringe any third-party rights.
SOCIAL MEDIA PHOTO AND VIDEO RIGHTS: By tagging, mentioning, uploading, or otherwise sharing photographs, videos, Reels, Stories, TikToks, or other content featuring Zirca Luxe products on any social media platform (including but not limited to Instagram, Facebook, TikTok, Pinterest, and YouTube), you grant Zirca Luxe a non-exclusive, worldwide, royalty-free license to repost, share, display, and use such content for marketing, promotional, and advertising purposes across any platform or medium, without further compensation to you. Zirca Luxe will endeavor to credit you when reposting your content, but is not obligated to do so.
TESTIMONIAL AND REVIEW DISCLAIMER: Any testimonials, reviews, ratings, photographs, videos, social media posts, influencer content, or other user-generated content depicting Zirca Luxe products reflect the individual experiences and opinions of the persons providing such content. Such content does not constitute a guarantee, warranty, or representation regarding future customer experiences, product longevity, product performance, color retention, finish durability, appearance, or results. Individual experiences may vary significantly based on product use, care, environmental conditions, and other factors.
Zirca Luxe reserves the right to remove any user content at our sole discretion that violates these Terms, applicable law, or our community standards.
24. SEVERABILITY
If any provision of these Terms is found unlawful or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be replaced with a valid provision most closely reflecting the intent of the original.
25. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other legal notices published by Zirca Luxe, constitute the entire agreement between you and Zirca Luxe with respect to your use of our services and supersede all prior understandings and agreements regarding the subject matter hereof.
26. WAIVER
No waiver by Zirca Luxe of any term or condition shall be deemed a continuing waiver of such term or a waiver of any other term. Any failure by Zirca Luxe to assert a right under these Terms shall not constitute a waiver of such right.
27. CONTACT INFORMATION
For questions about these Terms, to submit a warranty claim, initiate a return, or resolve a dispute, please contact us:
Zirca Luxe Jewels LLC d/b/a Zirca Luxe
Email: zircaluxe@gmail.com
Phone: (978) 201-1346
We endeavor to respond to all written inquiries within three (3) to five (5) business days.